Bejanov v R [2013] NSWCCA 207

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bejanov v R [2013] NSWCCA 207 Hearing dates: 6 August 2013 Decision date: 09 September 2013 Before: Leeming JA at [1] R A Hulme J at [2] Button J at [3] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) Sentences with regard to sequences 1, 9, 13, and 17 quashed. (4) With regard to sequence 1, and taking the matters on the Form 1 into account, the applicant is sentenced to imprisonment comprising a non-parole period of 3 years 1 month and a balance of the term of the sentence of 1 year 7 months. The sentence is to date from 15 December 2011. The non-parole period expires on 14 January 2015 and the total term expires on 14 August 2016. (5) With regard to sequence 9, the applicant is sentenced to imprisonment comprising a non-parole period of 2 years 6 months with a balance of the term of the sentence of 1 year 8 months. The sentence is to date from 15 October 2012. The non-parole period expires on 14 April 2015 and the balance of the term expires on 14 December 2016. (6) With regard to sequence 13, the applicant is sentenced to imprisonment comprising a non-parole period of 2 years with a balance of term of the sentence of 1 year. The sentence is to date from 15 July 2013. The non-parole period expires on 14 July 2015 and the balance of the term expires on 14 July 2016. (7) With regard to sequence 17, the applicant is sentenced to imprisonment comprising a non-parole period of 2 years 6 months and a balance of term of the sentence of 2 years 6 months. The sentence is to date from 15 December 2012. The non-parole period expires on 14 June 2015 and the balance of the term expires on 14 December 2017. (8) The first date upon which the applicant will be eligible for parole is 14 July 2015. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - sentence affected by mathematical error - position not disputed by Crown - multiple firearms offences - whether error in completely cumulative sentences with regard to same firearm - consequential changes required - whether sentence manifestly excessive - applicant resentenced Legislation Cited: Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Weapons Prohibition Act 1998 Cases Cited: R v Achurch [2011] NSWCCA 186; (2011) 216 A Crim R 152 R v Badanjak [2004] NSWCCA 395 R v Hammoud [2000] NSWCCA 540; (2000) 118 A Crim R 66 R v Nguyen [2013] NSWCCA 195 Troung v R; R v Le; Nguyen v R; R v Nguyen [2013] NSWCCA 36 Category: Principal judgment Parties: Alexander Bejanov (applicant) Regina (respondent) Representation: Counsel: D Barrow (applicant) H Wilson (respondent) Solicitors: Legal Aid NSW (applicant) Solicitor for Public Prosecutions (respondent) File Number(s): 10/118316 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-02-10 00:00:00 Before: Knox SC DCJ File Number(s): 10/118316